Abstract

The overall purpose of this thesis is to examine problems concerning implementation ofthe concept of sustainable development in the area of water resources using Thailand as acase study of a developing country. The aims and objectives of the thesis are to provide ananalysis of water case studies focusing on fieldwork undertaken in different regions inThailand, an analysis of the legal system; and strategies for environmental protection;considered in the context of rapid economic expansion.The thesis begins with an examination of the foundation and background of Thailand'slegal system, its economic development and its environment. Particular emphasis is givenin the thesis to water resources. Water is a specific medium to judge pollution standards asa whole. Pollution for land and air often eventually makes it way into water system. Waterregulation and pollution control is an example of environmental regulation as a whole. Thisis followed by an analysis and evaluation of the legal framework of environmental law.The aim is to examine the evolution of the legal protection of the environment in Thailandas well as to analyse the existing contradictions between the country's legal order and itsactual environmental problems. The dynamics of the country's political process are thenconsidered. Finally, the question of how the concept of sustainable development mightassist in the application of environmental protection to water resources in Thailand isexamined, using disputes over water allocation and water pollution. The case studies aredrawn from different regions in Thailand.In Thailand there has certainly been more environmental awareness in recent years, butthe implementation of sustainable development strategies remains at an early stage, despite,the Rio conference in 1992 and Rio II in 1997 emphasising the conservation of naturalresources. The concept of sustainable development is also incorporated in the newEnhancement and Conservation of National Environmental Quality Act 1992 (the 1992Act), despite to a limited extent, some principles for sustainable development such as theprecautionary principle, the PPP, EIA, right of access to environmental information andpublic participation. In Thailand primary legislation is in place but water resourcesregulations are required. Thailand is on a slow learning curve in its strategies for protectingthe environment.In the thesis, case studies at a local level have been undertaken and through these casestudies, it is clear that sustainable development concept is not fully integrated and acceptedas a way to solve water problems at a local level. This indicates a failure of westernconcepts and their adaptation in developing countries such as Thailand. However,traditional approaches may be used to improve and promote sustainable developmentconcepts together with Agenda 21, western approaches and experiences, which is called"The Mixed Approach". Thailand is in the advantageous position of being able to learnfrom the mistakes and environmental failures of the developed countries with respect towater resources policy. At the very least, it must acknowledge that environmental problemscannot be fundamentally solved without addressing them at the time of economicdevelopment. Still further, Thailand must not adopt the model of western environmentalprotection laws without first ensuring that the new reforms are suitable for the needs of theThai economy and people.